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Recently my mothers husband ,my stepfather passed in az, there was no will , he has two living children , everything such as home , bank accounts, vehicles etc , are in both their names. Is she the sole heir?

Asked on 8/09/13, 12:29 pm

1 Answer from Attorneys

Well the items that are in both of their names will most likely go to her. The reason I say most likely is because I cannot no for certain without actually seeing how these things are titled. However, if they are titled as you indicate then most likely they pass outside of your stepfather's intestate estate and directly to your mother.

As to the rest of the estate if the two children are also children of your mother than she receives the rest of the estate. However, if any of the children are not children of your mother then one-half of your father's separate property goes to the children, but all of the community property still goes to your mother.